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An Edmonton judge has rejected a $10-million lottery winner’s claim that he was the victim of police entrapment during a prostitution-related sting operation.

In a decision Thursday, Court of Queen’s Bench Justice Dawn Pentelechuk ruled that Cecil Underwood, 67, had not proven he committed the offence of drug trafficking “only as a result of police conduct” as she dismissed his application for a stay of proceedings on the charge.

“In conclusion, I find the police had a reasonable suspicion of possible criminal activity at the time they presented an opportunity for Mr. Underwood to commit a crime and their actions were within acceptable limits,” said Pentelechuk, adding he had “failed to prove entrapment.”

Underwood earlier pleaded guilty to one count of drug trafficking for giving an OxyContin pill to a female undercover police officer posing as a prostitute during an alleged conversation about sex for money in July 2013.

However, Underwood — who won $10 million in a 1992 Lotto 649 draw — claimed it was a case of entrapment as the officer had no “reasonable suspicion” that he was trafficking drugs when she asked him for the pill.

Pentelechuk noted Const. Candace Budynski and Underwood gave conflicting testimony, and said that she preferred the evidence of the officer over the evidence of the racehorse owner and former boxing promoter.

She said Underwood “is not as naive as he suggested” and ruled his talk with Budynski regarding her offers of sex for money — in which he said he was simply “having some fun” — was him actually engaging in the former offence of communicating for the purpose of prostitution.

The judge also ruled that it was Underwood who brought up the OxyContin to get the officer to return to his truck so he could “engage her in a scheme of drugs for sex.”

In the decision, Pentelechuk said the crime was at the “very lowest end” of the drug-trafficking spectrum.

A sentencing hearing is scheduled for May 12.

Court heard the sting operation was in the area of 118 Avenue and 91 Street.

Underwood said he was there picking up pizza to take to the Northlands racetrack.

Underwood told court he gave the OxyContin pill, which he is prescribed for chronic pain, to the undercover officer to “get rid of her” and called it a “stupid mistake.”

He denied he gave it to her as part of a cash-drugs combination to pay for a proposed offer of sexual services and reluctantly and tearfully testified that he can’t have sex as he is unable to get an erection despite having a penile implant operation, which he said was unsuccessful.

Underwood also denied he had ever been approached by a prostitute before, although he admitted he had looked at the officer as she stood out from other local prostitutes, saying she was like a “rose in a burned-out forest.”

Budynski testified it was Underwood who first called out to her, saying “he got right down to business and asked if I had a place,” and he “perked up” when she recited her menu of prices for certain sexual services. She also said he offered to trade an OxyContin pill for sex.

As Advertised in the Edmonton SUN

A judge has rejected claims that a one-time Edmonton $10 million lottery winner was a victim of police entrapment in prostitution sting

An Edmonton judge has rejected a $10-million lottery winner’s claim that he was the victim of police entrapment during a prostitution-related sting operation.

In a decision Thursday, Court of Queen’s Bench Justice Dawn Pentelechuk ruled that Cecil Underwood, 67, had not proven he committed the offence of drug trafficking “only as a result of police conduct” as she dismissed his application for a stay of proceedings on the charge.

“In conclusion, I find the police had a reasonable suspicion of possible criminal activity at the time they presented an opportunity for Mr. Underwood to commit a crime and their actions were within acceptable limits,” said Pentelechuk, adding he had “failed to prove entrapment.”

Underwood earlier pleaded guilty to one count of drug trafficking for giving an OxyContin pill to a female undercover police officer posing as a prostitute during an alleged conversation about sex for money in July 2013.